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Local Government Act 2002

Purpose of local government, and role and powers of local authorities - Co-ordination of responsibilities of local authorities

15: Triennial agreements

You could also call this:

“Local councils must make a plan every three years to work together”

After every local election that happens every three years, all local authorities in each region must make an agreement. They need to do this by March 1st after the election. This agreement lasts until the next election.

The agreement must include ways for local authorities to talk to each other and work together. It also needs to say how they will follow the rules in section 16 when regional councils want to do new things. The agreement should also include ways for all local authorities to help find, provide, and pay for important services that affect more than one district.

Local authorities can also agree to set up committees or other ways to work together. They can decide what these committees will do and what powers they will have.

All the local authorities in a region can change the agreement if they all agree. The agreement stays in place until a new one is made.

If a local authority makes a decision that doesn’t match the agreement, they need to say why. They must explain what’s different, why it’s different, and if they want to change the agreement. They must tell all the other local authorities in the region about this as soon as they can.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM171812.

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Part 2 Purpose of local government, and role and powers of local authorities
Co-ordination of responsibilities of local authorities

15Triennial agreements

  1. Not later than 1 March after each triennial general election of members, all local authorities within each region must enter into an agreement under this section covering the period until the next triennial general election of members.

  2. An agreement under this section must include—

  3. protocols for communication and co-ordination among the local authorities; and
    1. a statement of the process by which the local authorities will comply with section 16 in respect of proposals for new regional council activities; and
      1. processes and protocols through which all local authorities can participate in identifying, delivering, and funding facilities and services of significance to more than 1 district.

        1. An agreement under this section may also include—

        2. commitments by local authorities within the region to establish or continue 1 or more joint committees or other joint governance arrangements to give better effect to 1 or more of the matters referred to in subsection (2); and
          1. the matters to be included in the terms of reference for any such committees or arrangements, including any delegations.

            1. An agreement under this section may be varied by agreement between all the local authorities within the region.

            2. An agreement under this section remains in force until it is replaced by another agreement.

            3. If a decision of a local authority is significantly inconsistent with, or is expected to have consequences that will be significantly inconsistent with, the agreement under this section that is currently in force within the region, the local authority must, when making the decision, clearly identify—

            4. the inconsistency; and
              1. the reasons for the inconsistency; and
                1. any intention of the local authority to seek an amendment to the agreement under subsection (4).

                  1. As soon as practicable after making any decision to which subsection (6) applies, the local authority must give to each of the other local authorities within the region notice of the decision and of the matters specified in that subsection.

                  Notes
                  • Section 15: replaced, on , by section 9 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).